Rental Basics in Sacramento>Question Details

Dave Henson, Home Buyer in Pittsburgh, PA

Am I legally responsible for an eviction and the backrent/legal fees if I was not on the lease.?

Asked by Dave Henson, Pittsburgh, PA Sat Jun 22, 2013

So I was living with my mom, I was 17 years old when the lease was signed and a year later when I was 18 she did not pay rent and got evicted, she took it to court and lost. However the thing I recently found out (2 years later) when I tried to rent my first apartment alone (with no roomate) is that I have that eviction on my record... I found an apartment so I had put it on the back burner for a while but I've been trying to get a credit card to get some credit history and I was constantly getting denied for even the most basic cards. Today a banker finally told me why, in addition to having a eviction on my record there is a $2000 debt in my name somehow. I had no contract with them so I see no way I should have to pay this. I sent in a dispute with the Equafax but I want to know if they really have any legal ground at all to stand on...

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Answers

4
I would check with an attorney. Sometimes all it takes is contacting the company and letting them know that you were not on the lease. The rules may differ state to state.
0 votes Thank Flag Link Mon Jun 24, 2013
This is likely a question best deferred to an attorney. There are so many questions and issues connected to this that to offer any answer would be "pure guess work" and provide you with little real assistance.

Bill
0 votes Thank Flag Link Sun Jun 23, 2013
Dave...

Hey this is a great question.

We run a property management company here in the area and what it sounds like is that even though you were not the responsible party on the lease, you were named as well.

What we do normally here when we write the original lease up is name all the parties living in the unit and their ages.

When your mom was served the court eviction papers they included her name and yours because you were now 18... if they didn't name you, they would not have been able to legally remove you from the property because you wouldn't have been "served".

As a previous answer you should send a dispute letter to all 3 of the agencies and start the dispute process. Look up credit repair in a google search and I think you'll find some suggested solutions to rectify this problem.

I hope this helps...

Make it a great day...
0 votes Thank Flag Link Sun Jun 23, 2013
well a dispute should go to all 3 credit reporting agencies by certified mail, return receipt.

If I understood you correctly, you should be able to prove that you were a minor at the time the lease was signed and therefore you could not and were not a party to the lease agreement.

you ask whether "they" (whoever "they" is) have any legal grounds. Well let say they don't have any legal grounds, but they refuse to acknowledge it's not your responsibility, then what??

often it cost money to stand up for/ to defend your rights/to correct a wrong. so injustice can stands firm until the aggrieved person acquires the money needed to have his day in court represented by a competent lawyer.

Equifax should get a reply from the company/entity they contacted regarding your dispute in 30 days. Wait to see the results of your dispute before taking further action.
0 votes Thank Flag Link Sat Jun 22, 2013
I got lucky with the fact that I have legal insurance through my job if it comes to that, the only part I would have to pay is if it goes to court. If it gets that far I'll add on attorney fee's to the lawsuit. At this point it's less about the money and more about not letting them walk all over me.

I was just looking through the judgement papers and I saw a couple other things that sent up red flags, the leases states that if it goes to court the undersigned will have to pay all legal fees not to exceed $600 however they are now charging $2000.
Flag Sat Jun 22, 2013
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